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Court of Appeal of Uganda

The Court of Appeal is the second highest court in the land.  It came into being following the promulgation of the 1995 Constitution, and the enactment of the Judicature Statute, 1996. Article 134 of the Constitution established the structure of the Court of Appeal.

While presiding over matters , it is duly constituted when it consists of an odd number of not less than three (3) justices of the Court of Appeal. It is this court that constitutes itself into a Constitutional Court in accordance with the Constitution to hear constitutional cases.

The Constitutional Court consists of fifteen (15) justices and handles the matters, issues or cases concerning the interpretation of the Constitution  When presiding over a constitutional matter, there must be a quorum of at least five (5) justices of the court.

Physical address
Twed Towers along Kafu Road, Nakasero,Kampala.
Visit website
https://www.judiciary.go.ug/data/smenu/77//Court%20of%20Appeal.html
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8 judgments
Citation
Judgment date
February 2009
Haruna Turyakira and 2 others vs Uganda (Criminal Appeal No. 146 of 2003) [2009] UGCA 14 (25 February 2009)
Criminal law|Evidence Law|Witness Testimony
 25 February 2009
Ebeka v The New Vision Printing & Publishing Corporation (Civil Appeal No. 77 of 2006) [2009] UGCA 90 (18 February 2009)
An employer may summarily dismiss an employee for loss of entrusted funds despite a criminal acquittal; civil standard applies.
Employment law – Summary dismissal for loss of employer’s funds; internal staff regulations as contractual terms; criminal acquittal not determinative in disciplinary proceedings; standard of proof in employment matters is balance of probabilities; relevance of prior misconduct and audit reports.
 18 February 2009
Abdalla v Busingye (Civil Appeal No. 14 of 2009 - Reference) [2009] UGCA 95 (16 February 2009)
Registrar’s grant of extension upheld; affidavit competent and sufficient cause shown for delay.
Civil procedure – extension of time – Rule 5 – discretion to extend time – sufficient cause: residence abroad, difficulty tracing client, misplacement of record – affidavit competence – Rule 44(1)/Order 19(3) – deponent with knowledge may swear supporting affidavit.
 16 February 2009
Bahimbisomwe v Rwabinumi (Civil Reference 1 of 2009) [2009] UGCA 62 (11 February 2009)
Taxation of costs: taxing officer misapplied principles and under-awarded instruction fees; court increased the award.
Costs — Taxation of bill of costs — Discretion of taxing officer under Rule 9(2) Court of Appeal Rules — Assessment of instruction fees in complex/divorce appeals — Review for misapplication of principles (not bias) — Award of costs on reference.
 11 February 2009
Kizito Enock v Uganda (Cr.Appeal No. 224 of 2003) [2009] UGCA 59 (11 February 2009)
Criminal law
 11 February 2009
Tinkasimire Lawrence v Uganda (Criminal Appeal No. 204 of 2002) [2009] UGCA 9 (9 February 2009)
Criminal law|Evidence Law
 9 February 2009
Butamanya Kabaale vs Uganda (Criminal Appeal No. 16 of 2003) [2009] UGCA 2 (8 February 2009)
Appeal allowed: aggravated element and identification were unproven, conviction and death sentence quashed.
Criminal law – Robbery with aggravation – Elements of offence (theft, violence and use of deadly weapon/grievous harm) – Identification evidence – requirements and caution in single witness identification – Appellate reappraisal of evidence – Fair trial rights (opportunity to address court).
 8 February 2009
Kakooza and Another v Kasaala Growers Co-operative Society (Civil Appeal No. 19 of 2007) [2009] UGCA 96 (6 February 2009)
Vendor’s sale of part of contracted land breached agreement; purchasers with part payment entitled to specific performance and reliefs.
Contract law – Sale of land – Specific performance – Equitable ownership where part payment made; requirement for written amendment to sale agreement; condition precedent (opening boundaries) before final payment; acquiescence/waiver burden of proof; fraud and notice to third party purchaser.
 6 February 2009